PYNGBY.COM'S TERMS AND CONDITIONS

Last Updated December 10, 2016

  1. READ THIS
  2. ACCESS TO THIS SITE
  3. RESTRICTIONS ON USE
  4. SUBSCRIPTIONS AND PAYMENTS
  5. PROPRIETARY INFORMATION
  6. HYPER­LINKS
  7. USE OF COMMUNICATION SERVICES
  8. MONITORING
  9. COPYRIGHT VIOLATIONS
  10. CALL AND PHONE RECORDINGS
  11. STORING AND UPLOADING FILES
  12. LOSS OF STORED DATA / INCOMPLETE DATA
  13. STRONG PASSWORD REQUIRMENT
  14. USE AS EVIDENCE
  15. WATCHDOG CREATIVE IS NOT A LAYWER NOR DOES IT PROVIDE LEGAL ADVICE
  16. DISCLAIMER
  17. LIMITATION ON LIABILITY
  18. TERMINATION OR RESTRICTION OF ACCESS
  19. INDEMNITY
  20. TRADEMARKS AND COPYRIGHTS
  21. SECURITY
  22. MISCELLANEOUS
  23. PRIVACY POLICY & AGREEMENT

1. READ THIS

This Terms of Use Agreement (”Agreement”) is made by and between Watchdog Creative, LLC, a Missouri Limited Liability Corporation, which owns Pyngby.com and the Pyngby mobile applications, with offices at 420 Glen Rd, Webster Groves, MO 63119 (“Watchdog Creative”) and you (”you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Web site.

BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER WATCHDOG CREATIVE SOFTWARE, SERVICES, WEBSITES OR ANY OF WATCHDOG CREATIVE'S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.

WATCHDOG CREATIVE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN WATCHDOG CREATIVE'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE PYNGBY.COM WEBSITE.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. By using the Pyngby website, apps or other services, you expressly agree that your use of the site and services is legal, and that you are complying with all local state and federal laws. To use the Pyngby services, app, or website, you agree that you are fourteen (14) years of age or older, or that you have express permission to use the site from a legal parent or guardian. Further, by accessing the Pyngby website, apps or other services, you warrant that you are using the services for legal purposes. If Watchdog Creative believes the information you provide is not correct, current, or complete, Watchdog Creative has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time. BY USING THIS SITE, YOU AGREE TO PROVIDE VERIFICATION AND TO HOLD WATCHDOG CREATIVE HARMLESS FOR ANY MATERIAL OR IMMATERIAL LOSSES THAT YOU MAY SUSTAIN UNTIL YOU PROVIDE THE REQUESTED VERIFICATION.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site, and by law. As a condition of your use of the Pyngby website, services and or mobile applications, you warrant to Watchdog Creative that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co­brand this site, or (ii) frame this site, or (iii) hyper- link to this site, without the express prior written permission of an authorized representative of Watchdog Creative. For purposes of these Terms of Use, “co­branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Watchdog Creative in causing any unauthorized co­branding, framing or hyper­linking immediately to cease. In addition, you may not use the Pyngby website, services, or mobile applications in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. SUBSCRIPTIONS AND PAYMENTS

Watchdog Creative's audio recording and online storage services are offered solely as a subscription service. Each subscription will renew at either a yearly or monthly interval as defined in the plan summary, and includes a VoIP phone number rental and a usage credit applicable for recorded phone calls, out-of-network SMS and MMS texts, and storage of uploaded files. In the event that you do not pay the monthly subscription amounts or applicable overrage amounts, your ability to access information in your storage may be suspended.

If you cease paying your monthly service charges, Watchdog Creative will limit or remove your access to your recorded files until all arrears charges are current. If your account remains in an arrears state for more than 3 months, your files, images, recordings, and all uploaded files will be permanently deleted.

If you cancel your service with Watchdog Creative, your files, recordings, images and other uploaded files will be preserved on the Watchdog Creative cloud storage for a 3 month period before they will be permanently deleted. If you would like these files permanently deleted before this time, either a) delete the files before cancelling your account, or b) you must send Watchdog Creative a notice that authorizes the company to delete all of your recorded data.

YOU EXPRESSLY AGREE TO RELEASE AND HOLD WATCHDOG CREATIVE HARMLESS FROM ANY LOSS OF DATA, FILES OR OTHER UPLOADED CONTENT, OR THE INABILITY TO RECORD ANY CALLS, UPLOAD FILES OR OTHER ACCESS TO THE WATCHDOG CREATIVE WEBSITE, APP, OR OTHER SERVICES IF THAT ACCESS IS LIMITED DUE TO YOUR NON­PAYMENT. IN THE EVENT WATCHDOG CREATIVE DELETES YOUR UPLOADED CONTENT, RECORDINGS, FILES OR OTHER IMAGES DUE TO NON­PAYMENT, YOU EXPRESSLY AGREE TO RELEASE AND HOLD WATCHDOG CREATIVE HARMLESS FOR ANY AND ALL LEGAL CLAIMS YOU MAY HAVE THAT ARISE FROM THESE ACTIONS.

4.1 PAYMENTS FOR PYNGBY.COM REGISTERED USERS

When you register for service on the pyngby.com website, credit card payment information is required during registration and must be maintained and updated as long as the plan is active; If credit card charges cannot be renewed your account will be disabled for up to 2 months and will then be cancelled the following month if a valid credit card is not on file.

Every month your account will run through a billing cycle to determine any amount due, which on a yearly plan may be zero, and any due amounts will be charged to your credit card on file, and an email notice will be sent to the email address on file for your account owner stating what charge was billed and when the next renewal will take place.

If your plan has used more than the usage credit that comes with your plan level, then an overage will be due during your monthly billing cycle; If the overage is less than the credit earned per renewal then no overage is due at the expense of having fewer credits to use in the following month. To determine your credits included per month, please review the Fair Use Policy for details.

You may cancel your plan at any time and no further charges will be applied to your account; Cancel does not refund any unused credits unless the plan was cancelled on the same day as the renewal charge; Only the renewal portion of a charge can be refunded, while any charges for overage usage will not be refunded.

4.2 PAYMENTS FOR APPLE 'App Store' REGISTERED USERS

All Apple App Store plans are monthly auto-renewable subscriptions billed by the App Store with your payment method on file with Apple, price may vary based on the amount of credits included with the subscription, with the credits included being equal to the subscription payment minus the rental fee for the phone number; The rental fee for a phone number in the USA is $1.50 per month and may vary by country.

Payment will be charged to your iTunes Account at confirmation of purchase, and subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period; Your iTunes Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase, but no cancellation of the current subscription is allowed during active subscription period

The iPhone Pyngby app 'Account' screen will show your current credits available with an option to buy more credits applied to your account. App Store plans cannot place or receive calls or out of network texts when no credits remain on the account, but may upload files, and send and receive in network texts, and generally navigate the app and review recordings and other evidence you have already collected and stored in the cloud.

You may use the Pyngby for iPhone app even if registered using the pyngby.com website by using your registered email address and current password.

5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Watchdog Creative (the “Content”) is the proprietary information of Watchdog Creative or the party that provided or licensed the Content to Watchdog Creative, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Watchdog Creative, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Watchdog Creative's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

This site may be hyper­linked to other sites which are not maintained by, or related to, Watchdog Creative. Hyper- links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Watchdog Creative. Watchdog Creative has not reviewed any or all of such sites and is not responsible for the content of those sites. Watchdog Creative is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper­links are to be accessed at the user's own risk, and Watchdog Creative makes no representations or warranties about the content, completeness or accuracy of these hyper­links or the sites hyper­linked to this site. Watchdog Creative provides hyper­links as a convenience, and the inclusion of any hyper­link to a third party site does not necessarily imply endorsement by Watchdog Creative of that site or any association with its operators.

7. USE OF COMMUNICATION SERVICES

The Pyngby.com website and mobile applications contains communication facilities designed to allow you to communicate with any phone number by phone call, SMS/MMS text, or multi-media comment to your plan members or an advocate (attorney, counselor, non-profit, or school) you approve (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

ii) advocates illegal activity or discusses an intent to commit an illegal act;

iii) is vulgar, obscene, pornographic, or indecent;

iv) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

v) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

vi) harvests or otherwise collects information about others, including e­mail addresses, without their consent;

vii) violates any law or may be considered to violate any law;

viii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

ix) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;

x) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

xi) includes MP3 format or any other audio or video files that contain any portion of another person’s or entity’s copyrighted materials;

xii) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

xiii) contains hyper­links to other sites that contain content that falls within the descriptions set forth above.

Watchdog Creative does not monitor use of the “Communications Services”, but reserves the right to respond to complaints by other parties involved in the communication. Watchdog Creative reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Watchdog Creative also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Watchdog Creative nor any third party that provides Content to Watchdog Creative will assume or have any liability for any action or inaction by Watchdog Creative or such third party with respect to any submission. Watchdog Creative cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Watchdog Creative does not control or endorse the content, messages or information found in any Communication Service and, consequently, Watchdog Creative specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.

8. MONITORING

Watchdog Creative does not actively monitor its network, files, discussion boards or any other online forum to ensure that content abides by these terms and conditions. If you perceive a violation of these terms and conditions, or content that appears illegal in nature you may send an email to abuse@watchdogcreative.com to request that that content is taken down or removed.

If you hold a valid US Copyright to any work that you believe has been infringed upon the Pyngby.com website, App or services, you may request that the content be removed by sending an e­mail to dmca@watchdogcreative.com. In that email, you must state your name, reference your copyright, and provide a link to where the infringing material is on the website or within the app.

10. CALL AND PHONE RECORDINGS

By using the Pyngby mobile applications and web services to record calls, you expressly agree to use the software in accordance with all local, state and federal laws. If you have questions or concerns about the legality of call recording, or what is legally permissible within your location, you are strongly urged to contact a local, licensed attorney to discuss your legal concerns, Watchdog Creative is not an attorney, and cannot provide you any legal advice. YOU ALSO AGREE TO HOLD HARMLESS, WATCHDOG CREATIVE, FOR ANY AND ALL ILLEGAL USES OF WATCHDOG CREATIVE'S SOFTWARE OR LAWS THAT YOU DIRECTLY OR INADVERTENTLY VIOLATE THROUGH YOUR USE OF ANY WATCHDOG CREATIVE WEBSITE, APP OR OTHER SERVICES.

Calls recorded by Pyngby have monthly costs, and cost per minute to record, SMS/MMS text, save and store calls on our cloud. Watchdog Creative will allow only the person who stored these calls access to it, or if this is part of a shared plan, the indicated reviewing member (such as a parent member or a manager) will be able to access any stored calls; If you invite an advocate to review your recordings, then that advocate will be able to access the data directly on pyngby.com, add comments, and review your comments in the same 'case' or 'engagement' for which you have granted access.

While Watchdog Creative will make every effort to preserve and collect information, things, within and outside of the company's control may happen that would prevent your information from being collected or preserved. ADDITIONALLY, IN THE EVENT OF USER ERROR, IMPROPER USAGE OF THE WATCHDOG CREATIVE SERVICES OR APP, YOU AGREE TO RELEASE AND HOLD WATCHDOG CREATIVE HARMLESS FOR ANY INFORMATION ACCIDENTALLY, OR INTENTIONALLY DESTROYED BY YOU, OR SOMEONE ELSE ACCESSING YOUR ACCOUNT.

11. STORING AND UPLOADING FILES

You expressly agree that you will take full responsibility for all uploaded content, and you warrant that your uploaded content is only your content, and that the content does not violate any local, state, federal or international laws. You further agree that you will not upload any 3rd party content or files into the cloud. By uploading and using the Watchdog Creative, your expressly agree that content uploaded by you, is solely yours and you take full responsibility for all uploaded materials, and agree to indemnify Watchdog Creative for any and all liabilities that are derived from your illegal use of any of Watchdog Creative's websites, apps or other services.

12. LOSS OF STORED DATA / INCOMPLETE DATA

Every effort will be undertaken to preserve and protect any information you voluntarily upload into Pyngby's secured cloud storage, however, there may be instances where within the control of Watchdog Creative, or outside the control of Watchdog Creative, your data that is uploaded may be lost. Additionally, due to interruptions in cellular service, internet connectivity, hardware failures, acts of God, or a variety of other reasons, your data may only be partially preserved. YOUR USE, AND CONTINUED USE OF THE WATCHDOG CREATIVE SERVICES MEANS THAT YOU AGREE THAT YOU WILL RELEASE AND HOLD WATCHDOG CREATIVE HARMLESS FOR ANY LOSSES, FINANCIAL OR OTHERWISE, THAT YOU MAY INCUR AS A RESULT OF THIS LOSS.

13. STRONG PASSWORD REQUIRMENT

You agree to comply with using a strong password for Pyngby's website and mobile application. Failure to provide a strong password could result in someone accessing your account and destroying recordings or other saved data, unauthorized viewing or listening to your data, and the potential that they could release that information on the web and through other online sources. YOU AGREE TO PROVIDE A STRONG PASSWORD, AND WATCHDOG CREATIVE AGREES TO MAKE EVERY EFFORT TO SECURE YOUR PASSWORD, BUT IN THE EVENT YOU HAVE NOT PROVIDED A STRONG PASSWORD AND YOUR DATA IS LOST OR MISUSED, YOU AGREE TO RELEASE AND HOLD WATCHDOG CREATIVE HARMLESS FOR THE LOSS OF, AND ANY DAMAGES RESULTING FROM YOUR FAILURE TO PROVIDE A STRONG PASSWORD.

14. USE AS EVIDENCE

The recorded interactions are preserved and secured using the current and latest technologies to ensure that all information and meta data is preserved properly. However, there is no guarantee that calls, images or other preserved data residing in the Pyngby cloud will meet the proper evidentiary requirements for a court of law. Pyngby merely serves as a potential intermediary between the user and the legal system, and makes no warranties or claims as to the validity of the information collected, or its admissibility as evidence. You should seek a local, licensed attorney to provide advice on the collection and use of information you intend to collect via Pyngby services in advance of using or collecting any information.

15. WATCHDOG CREATIVE IS NOT A LAYWER NOR DOES IT PROVIDE LEGAL ADVICE

Watchdog Creative is a mobile App and software provider, and is not, and does not now, or ever, claim to offer any legal advice. Watchdog Creative is not providing any legal advice, and cannot acts as your lawyer. Information contained on the Watchdog Creative website, apps and other services is merely for informational purposes and should not replace advice from a competent, licensed attorney. Please consult with a local attorney, licensed in your state that is knowledgeable about privacy concerns, call recording concerns and also with whether the information you look to collect would be admissible in a court of law.

16. DISCLAIMER

YOU UNDERSTAND THAT WATCHDOG CREATIVE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WATCHDOG CREATIVE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.

WATCHDOG CREATIVE MAKES NO CLAIMS OR WARRANTIES OF ANY KIND THAT THE WATCHDOG CREATIVE APP, SERVICES, WEBSITE OR CALL RECORDING FUNCTIONS ARE LEGAL WITHIN YOUR JURISDICTION, OR WITHIN ANOTHER PARTY ON YOUR TELEPHONE'S JURISDICTION. LAWS AND REQUIREMENTS FOR LEGAL PHONE CALL AND CONVERSATION RECORDING CHANGE FROM STATE TO STATE, AND IT IS YOUR RESPONSIBILITY TO ENSURE YOU ARE LEGALLY USING THE WATCHDOG CREATIVE WEBSITES, APPLICATIONS AND SERVICES. CONTINUED USE OF THE WATCHDOG CREATIVE WEBSITES, APPLICATIONS AND SERVICES DEMONSTRATES YOUR ACCEPTANCE, AND ACKNOWLEDGEMENT THAT YOU ARE USING THE WATCHDOG CREATIVE SERVICES IN ACCORDANCE WITH YOUR LOCAL LAWS.

WATCHDOG CREATIVE MAKES NO CLAIMS OR WARRANTIES OF ANY KIND AS TO THE SAFETY, USABILITY OR SURVIVABILITY OF ANY DATA THAT IS STORED, OR ATTEMPTED TO BE STORED AND SAVED OR EXTRACTED. USE OF WATCHDOG CREATIVE'S WEBSITES, APPLICATIONS OR OTHER SERVICES DEMONSTRATES YOUR AGREEMENT, AND THAT YOU HOLD WATCHDOG CREATIVE HARMLESS FOR ANY DATA, CALL RECORDS, OR OTHER FILES, RECORDINGS OR OTHERWISE THAT MAY BE LOST, DAMAGED, NOT SAVED PROPERLY, OR OTHERWISE UNAVAILABLE TO YOU.

WATCHDOG CREATIVE, THROUGH ITS WEBSITES, APPLICATIONS AND SERVICES IS NOT PROVIDING ANY LEGAL ADVICE ABOUT YOUR SITUATION OR UNIQUE CIRCUMSTANCES, AND CANNOT PROVIDE ANY LEGAL ADVICE ABOUT YOUR SITUATION. BY USING WATCHDOG CREATIVE'S WEBSITES, APPLICATIONS AND SERVICES, YOU ACKNOWLEDGE THAT YOU WILL SEEK LOCAL COUNSEL CONCERNING ANY LEGAL CONCERNS YOU HAVE AND THAT WATCHDOG CREATIVE IS NOT PROVIDING ANY LEGAL ADVICE TO YOU CONCERNING YOUR UNIQUE CIRCUMSTANCES.

THE CONTENT IS NOT NECESSARILY COMPLETE AND UP­TO­DATE AND SHOULD NOT BE USED TO REPLACE ANY WRITTEN REPORTS, STATEMENTS, OR NOTICES PROVIDED BY WATCHDOG CREATIVE.

YOUR USE OF THIS SITE APPLICATIONS, APPLICATIONS AND MARKETPLACES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WATCHDOG CREATIVE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON­INFRINGEMENT. WATCHDOG CREATIVE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR­FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WATCHDOG CREATIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WATCHDOG CREATIVE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WATCHDOG CREATIVE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WATCHDOG CREATIVE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. WATCHDOG CREATIVE DOES NOT MAKE ANY WARRANTIES THAT YOUR USE OF THIS SITE, APPLICATIONS OR CONTENT COMPLIES WITH YOUR LOCAL LAWS, OR THE LAWS OF ANY OTHER PARTY'S JURISDICTION THAT IS RECORDED BY YOUR DIRECT ACTIONS WITHIN THE WATCHDOG CREATIVE APPLICATIONS, WEBSITES OR SERVICES. IT IS YOUR RESPONSIBILITY TO ENSURE YOUR USE OF WATCHDOG CREATIVE'S WEBSITES, APPLICATIONS AND SERVICES COMPLY WITH ALL APPLICABLE LAWS. USE IS AT YOUR OWN RISK.

All of the information in this site, whether historical in nature or forward­looking, speaks only as of the date the information is posted on this site, and Watchdog Creative does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

17. LIMITATION ON LIABILITY

WATCHDOG CREATIVE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WATCHDOG CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WATCHDOG CREATIVE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO WATCHDOG CREATIVE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

18. TERMINATION OR RESTRICTION OF ACCESS

Watchdog Creative reserves the right, in its sole discretion, to terminate your access to any or all of Watchdog Creative's websites and the related services or any portion thereof at any time, without notice.

19. INDEMNITY

YOU WILL INDEMNIFY AND HOLD WATCHDOG CREATIVE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

20. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Watchdog Creative or the party that provided the trademarks, services marks, logos, and copyrighted works to Watchdog Creative. Watchdog Creative and any party that provided trademarks, service marks, logos, and copyrighted works to Watchdog Creative retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of Watchdog Creative's websites are: Copyright © June 2015 WATCHDOG CREATIVE, 420 Glen Rd, Webster Groves, MO 63119. All rights reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

21. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Watchdog Creative will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Watchdog Creative considers insecure, Watchdog Creative will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Watchdog Creative reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Watchdog Creative reserves the right to investigate suspected violations of these Terms of Use.

Watchdog Creative reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Watchdog Creative to disclose the identity of anyone posting any e­mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS WATCHDOG CREATIVE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WATCHDOG CREATIVE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WATCHDOG CREATIVE OR LAW ENFORCEMENT AUTHORITIES.

22. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Missouri, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Missouri in connection with any dispute between you and Watchdog Creative arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in St. Louis, Missouri.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Watchdog Creative as a result of this agreement or use of Watchdog Creative's websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Watchdog Creative with respect to Watchdog Creative's websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

Watchdog Creative may revise these Terms of Use at any time by updating the terms and conditions posted at https://www.pyngby.com/terms/.